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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Fluffystuff's OH & MBNA


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  • 1 month later...

Hi Vint et al,

 

Have received three letters ( whilst on hols) requesting payment of arrears from RMA ( Risk Management Alternatives).

Is template letter no.17 an appropriate response?

 

Many thanks once again.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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The bemused letter next. Edit to suit your circumstances.

 

Ref Account xxxxxxxxxxxxxxxxxxxxxxx

Dear xxxxxxxxx,

 

I was somewhat bemused to receive your letter of xxxxxxxxx 2009, the content of which is noted. No debt to your company or client is acknowledged.

 

On xxxxxxxxxx 2009 I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. MBNA have failed to comply within the statutory time limit, or at all. In addition, this alleged account was placed in dispute on the xxxxxxxxx 2009. It should not be necessary to have to remind you that the provisions of s.78(6) now apply. These letters are enclosed.

 

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection and your attention is drawn to this guidance document.

Your attention is also drawn the ICO on Data protection, as passing details on to a third party while an account is in dispute is contrary to the Data Protection Act. I have previously issued letters to MBNA under s10 of this act. You may wish to refresh yourselves of the implications of ignoring the Data Protection Act.

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be considered vexatious and unlawful. The Court's attention will drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

I would remind you that while this alleged account remains in dispute, that MBNA:

  • May not ask for payment against this account.
  • I am not obliged to offer any payment against this account.
  • Cannot register any data with a third party.
  • Cannot take any enforcement action, including registering Defaults.
  • Cannot pass the account on to a third party for collection.
  • Cannot sell the account.

I trust this out lines the situation and that you will take note of my comments, to avoid any further breaches of the Law, being committed by you.

 

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Vint, as ever, thankyou. Letter duly edited and sent. :)

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 1 month later...

Hi all, quick update.

 

Received a very 'nice' letter from RMA informing us the account has been referred back to MBNA for further contemplation and asked us to allow them 28 days to do so! OK, fair enough.

 

Meanwhile, we had sent MBNA CPR request but this was returned by MBNA yesterday with a request for £1.

Poor loves, they obviously can't read or perhaps they are colourblind - the paragraph stating this was not a s78 request, was highlighted red afterall!:rolleyes:

So will be returning my request to them with a suggestion that they read it properly this time and perhaps I'd better use a different colour ink.

 

Hey ho.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 4 weeks later...

Update:

 

No response to CPR request, just repeated requests for payment of either the arrears or whole balance - depends which button they press I guess!:rolleyes:

Also received "Important Default Notification" - appears to be a notice of a notice as it does not give date to rectify or contain any other required terms! (Sorry, not able to scan at present.)

 

OPTIMA LEGAL

Received today, Notice of Legal Action, threatening charging order etc etc. Now I'm not phased by this as I know they are out of order but wonder if the 'bemused letter' is appropriate for now or if something a bit stronger is required??

 

Seems they are in breech of the Malacious Communications Act and a letter to the SRA would be in order.

 

Advice appreciated as always.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Update:

 

No response to CPR request, just repeated requests for payment of either the arrears or whole balance - depends which button they press I guess!:rolleyes:

Also received "Important Default Notification" - appears to be a notice of a notice as it does not give date to rectify or contain any other required terms! (Sorry, not able to scan at present.)

 

OPTIMA LEGAL

Received today, Notice of Legal Action, threatening charging order etc etc. Now I'm not phased by this as I know they are out of order but wonder if the 'bemused letter' is appropriate for now or if something a bit stronger is required??

 

Seems they are in breech of the Malacious Communications Act and a letter to the SRA would be in order.

 

Advice appreciated as always.

Hi Fluffystuff,

 

Yes bemused letter to Optima. These people are the pits.

 

Also as you say, complaint to SRA. There is a thread running on this subject

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Thanks Vint, all done! :-)

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Recived a reply from Optima stating that I should have addressed my correspondance to their client, therefore my letter has been forwarded to MBNA for their comments. Can't wait. :p

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 1 month later...

Update:

 

Response from SRA regarding Optima - complaint dismissed, no grounds!!

That was a waste of a stamp then! :rolleyes:

 

Have still not received D/N or T/N but continued requests for payment of o/s balance!

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Have now received letter direct from MBNA threatening charging order as they know we are homeowners! :rolleyes: Have they given up using Optima then !?

 

Do you think we should write accepting their termination (they ask for total balance) even though we have not receieved D/N or T/N ?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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So they havent done a DN or a TN. Interestingly I am having this with Vanquis (well Cabot really because not only no DN or TN but they have sold it as well), but someone I have been trying to help with a case involving RBS has had the same thing with them - no DN or TN but straight off to court.

There is loads of stuff on this site about what to do about dodgy notices (or either type) but I am really struggling to find anything about the legal consequences of NO default or termination notice. Does any one out there have any ideas - or even direct me at where to look?

Thanks

SFU :)

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Hi SFU,

 

I am assuming that by requesting repayment of the whole amount outstanding without issuing valid D/N, that they have unlawfullly rescinded the alleged contract.

Can anybody confirm,am I correct?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 2 months later...

Well, at long last we received a D/N and guess what, it's invalid for the usual reasons! Then today, well before the date to rectify expires, we receive a letter telling us the debt has been sold on!! :p

 

Unlawful recission me thinks?? :D

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Now received letter from dlc confirming debt assigned to Hillesden Securities - that'll do nicely!

 

Unlawful recission letter off to MBNA today and a "I'm terribly sorry but you've bought a dud!" one to dlc!!! :p

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 4 months later...

Dlc still sending threatening payment demands - I've given up responding as they obviously don't or can't read them!

There's only so many ways of explaining what "you've bought a dud" means!!

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 3 months later...

Received letter from Dlc yesterday in response to our recent request for information - have no idea what they're talking about!!

 

Anyway, here's the thing, they enclosed spreadsheets of transactions supposedly on OH's account from 2007-2010, whilst the a/c number quoted is OH's, the transactions are most definately not - none of them!!

 

Simple cock-up or something that needs looking into?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Hello 'angel no.2', good to hear from you!

 

Yes, that's what I thought - just needed someone to tell me so! :-) xx

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 1 month later...

Hi Fluffystuff

 

How are you doing.

 

Where did you see it is a problem for them if they assign it before the DN date has expired. I am unclear about the implications of that.

 

Good Luck

 

Pedross

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